Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The HC quashed and set aside the impugned show-cause notices issued to the petitioners for violation of the mandatory pre-consultation procedure prescribed by the CBEC master circulars, finding the circulars binding on the Revenue and the absence of any invoked exception. The court held the pre-consultative requirement material to administrative fairness and trade facilitation; on that ground the SCNs issued without such consultation were invalid. The Revenue was granted liberty to initiate the prescribed pre-consultation by issuing a pre-consultation notice within four weeks from the date of upload of the order. Petition dismissed as disposed of accordingly.
The HC quashed and set aside the impugned show-cause notices issued to the petitioners for violation of the mandatory pre-consultation procedure prescribed by the CBEC master circulars, finding the circulars binding on the Revenue and the absence of any invoked exception. The court held the pre-consultative requirement material to administrative fairness and trade facilitation; on that ground the SCNs issued without such consultation were invalid. The Revenue was granted liberty to initiate the prescribed pre-consultation by issuing a pre-consultation notice within four weeks from the date of upload of the order. Petition dismissed as disposed of accordingly.
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